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ENGROSSED HOUSE
BILL NO. 3845 By: Harris of the House
and
Howard of the Senate
An Act relating to marriage and family; amending 43
O.S. 2021, Section 139, which relates to legal rights
to child support; allowing the discretionary
revocation of driver permits and licenses; amending
43 O.S. 2021, Section 139.1, which relates to
penalties; allowing revocation of driving privileges
for failure to pay child support; directing Service
Oklahoma to revoke or suspend licenses under certain
conditions; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43 O.S. 2021, Section 139, is
amended to read as follows:
Section 139. The Legislature finds and declares that child
support is a basic legal right of the state's parents and children,
that mothers and fathers have a legal obligation to provide
financial support for their children and that child support payments
can have a substantial impact on child poverty and state welfare
expenditures. It is therefore the Legislature's intent to encourage
payment of child support to decrease overall costs to the state's
taxpayers while increasing the amount of financial support collected
for the state's children by authorizing the district courts of this
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state and the Department of Human Services to order the revocation,
suspension, nonissuance or nonrenewal of any recreational license or
permit, or permit including, but not limited to, a hunting and
fishing license or other authorization issued pursuant to the
Oklahoma Wildlife Conservation Code, Section 1-101 et seq. of Title
29 of the Oklahoma Statutes, and certificates of title for vessels
and motors and other licenses of registration issued pursuant to the
Oklahoma Vessel and Motor Registration Act, Section 4001 et seq. of
Title 63 of the Oklahoma Statutes, and the driving privilege of or
to order probation for a parent who is in noncompliance with an
order for support for at least ninety (90) days or failing, after
receiving appropriate notice to comply with subpoenas or warrants
relating to paternity or child support proceedings.
SECTION 2. AMENDATORY 43 O.S. 2021, Section 139.1, is
amended to read as follows:
Section 139.1. A. As used in this section and Section 6-201.1
of Title 47 of the Oklahoma Statutes:
1. "Licensing board" means any bureau, department, division,
board, agency or commission of this state or of a municipality in
this state that issues a license;
2. "Noncompliance with an order for support" means that the
obligor has failed to make child support payments required by a
child support order in an amount equal to the child support payable
for at least ninety (90) days or has failed to make full payments
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pursuant to a court-ordered payment plan for at least ninety (90)
days or has failed to obtain or maintain health insurance coverage
as required by an order for support for at least ninety (90) days or
has failed, after receiving appropriate notice to comply with
subpoenas or orders relating to paternity or child support
proceedings or has failed to comply with an order to submit to
genetic testing to determine paternity;
3. "Order for support" means any judgment or order for the
support of dependent children or an order to submit to genetic
testing to determine paternity issued by any court of this state or
other state or any judgment or order issued in accordance with an
administrative procedure established by state law that affords
substantial due process and is subject to judicial review;
4. "License" means any recreational license or permit
including, but not limited to, a hunting and fishing license or
other authorization issued pursuant to the Oklahoma Wildlife
Conservation Code, or certificates of title for vessels and motors
and other licenses or registrations issued pursuant to the Oklahoma
Vessel and Motor Registration Act, or a driver license or other
permit issued pursuant to Title 47 of the Oklahoma Statutes;
5. "Obligor" means the person who is required to make payments
or comply with other provisions of an order for support;
6. "Oklahoma Child Support Services (OCSS CSS)" means the state
agency Child Support Services Division of the Department of Human
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Services designated to administer a statewide plan for child support
pursuant to Section 237 of Title 56 of the Oklahoma Statutes;
7. "Person entitled" means:
a. a person to whom a support debt or support obligation
is owed,
b. the OCSS CSS or a public agency of another state that
has the right to receive current or accrued support
payments or that is providing support enforcement
services, or
c. a person designated in a support order or as otherwise
specified by the court; and
8. "Payment plan" includes, but is not limited to, a plan
approved by the court that provides sufficient security to ensure
compliance with a support order and/or that incorporates voluntary
or involuntary income assignment or a similar plan for periodic
payment on an arrearage and, if applicable, current and future
support.
B. 1. Except as otherwise provided by this subsection, the
district courts of this state are hereby authorized to order the
revocation, suspension, nonissuance or nonrenewal of a license or
the placement of the obligor on probation who is in noncompliance
with an order for support.
2. Pursuant to Section 3 of this act, the district or
administrative courts of this state are hereby authorized to order
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the revocation or suspension of a driver license of an obligor who
is in noncompliance with an order of support.
3. The remedy under this section is in addition to any other
enforcement remedy available to the court.
C. 1. At any hearing involving the support of a child, after
giving notice to the obligor that licenses may be suspended or
revoked, if the district court finds evidence presented at the
hearing that an obligor is in noncompliance with an order for
support and the obligor is licensed by any licensing board, the
court, in addition to any other enforcement action available, may
suspend or revoke the license of the obligor who is in noncompliance
with the order of support or place the obligor on probation pursuant
to paragraph 2 of this subsection.
2. a. To be placed on probation, the obligor shall agree to
a payment plan to:
(1) make all future child support payments as
required by the current order during the period
of probation, and
(2) pay the full amount of the arrearage:
(a) by lump sum by a date certain, if the court
determines the obligor has the ability, or
(b) by making monthly payments in addition to
the monthly child support amount pursuant to
Section 137 of this title.
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b. The payments required to be made pursuant to this
section shall continue until the child support
arrearage and interest which was the subject of the
license revocation action have been paid in full.
3. If the court orders probation, the appropriate licensing
board shall not be notified and no action is required of that board.
4. If the obligor is placed on probation, the obligor shall be
allowed to operate a motor vehicle.
5. Probation shall be conditioned upon full compliance with the
order. If the court grants probation, the probationary period shall
not exceed three (3) years from the date of entry of the initial
order of revocation or probation.
5. 6. If the obligor is placed on probation not in compliance
with the terms of probation or has not reached an alternative
arrangement after thirty (30) days, the obligee or OCSS CSS may
request a hearing at any time to review the status of the obligor's
compliance with the payment plan and to request file a notice with
the court for immediate suspension or revocation of the obligor's
license. The obligor shall be served with notice of the hearing by
regular mail to the obligor's address of record pursuant to Section
112A of this title.
6. If, by the completion of time allotted for the probationary
period, the obligor has failed to fully comply with the terms of
probation, the licenses of the obligor shall be automatically
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suspended or revoked without further hearing. If the licenses of
the obligor are suspended or revoked, the obligor may thereafter
apply for reinstatement in compliance with subsection D or E of this
section.
D. When all support due is paid in full and the obligor has
complied with all other provisions of the order for support, the
obligor, the obligee or OCSS may file a motion with the court for
reinstatement of the obligor's licenses or termination of probation
and the motion shall be set for hearing. If the court finds the
obligor has paid all support due in full and has complied with all
other provisions of the order for support, the court shall reinstate
the obligor's licenses or terminate the probation The obligor may
request a hearing within thirty (30) days to show cause that the
licenses of the obligor should not be suspended or revoked. If the
obligor does not request a hearing within such time period, the
court shall order immediate suspension or revocation of the
obligor's licenses. If the licenses of the obligor are suspended or
revoked, the obligor may subsequently apply for reinstatement
pursuant to subsection D or E of this section.
E. D. 1. An obligor whose When an obligor's licenses have been
suspended or revoked, the obligor, the oblige, or CSS may file a
motion with request the court for reinstatement of to reinstate the
licenses of the obligor prior to payment in full of all support due
and the motion shall be set for hearing.
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2. The court may shall reinstate the licenses of the obligor if
the obligor has:
a. paid all support due in full or paid the current child
support and the monthly arrearage payments each month
for the current month and two (2) months immediately
preceding, or paid an amount equivalent to three (3)
months of child support and arrearage payments which
satisfies the current child support and monthly
arrearage payments for the current month and two (2)
months immediately preceding,
b. disclosed all information regarding health insurance
availability and obtained and maintained health
insurance coverage required by an order for support,
c. complied with all subpoenas and orders relating to
paternity or child support proceedings,
d. complied with all orders to submit to genetic testing
to determine paternity, and
e. disclosed all employment and address information.
3. If the obligor has not met the conditions in paragraph 2 of
this subsection, the court may reinstate licenses upon a showing
that reinstatement of licenses would increase the likelihood of the
obligor paying consistent, reliable child support or for good cause
shown. If the court terminates the order of suspension, revocation,
nonissuance or nonrenewal, it shall may place the obligor on
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probation, conditioned upon compliance with any payment plan and the
provisions of the order for support.
4. If the obligor fails to comply with the terms of probation,
the court may refuse to reinstate the licenses of the obligor unless
the obligor makes additional payments in an amount determined by the
court to be sufficient to ensure future compliance, and the obligor
complies with the other terms set by the court.
F. The obligor shall serve on the custodian or the state a copy
of the motion for reinstatement of the licenses of the obligor and
notice of hearing pursuant to Section 2005 of Title 12 of the
Oklahoma Statutes, or if there is an address of record, by regular
mail to the address of record on file with the central case registry
pursuant to Section 112A of this title. When child support services
are being provided pursuant to Section 237 of Title 56 of the
Oklahoma Statutes, the obligor shall serve a copy of the motion for
reinstatement of the licenses of the obligor on OCSS Probation
shall not exceed three (3) years from the date of entry of the
initial order of revocation or probation.
G. E. If the court orders termination of the order of
suspension or revocation, the obligor shall send a copy of the order
reinstating the licenses of the obligor to the licensing board, the
custodian and OCSS CSS when child support services are being
provided pursuant to Section 237 of Title 56 of the Oklahoma
Statutes.
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H. F. Entry of this order does not limit the ability of the
court to issue a new order requiring the licensing board to revoke
or suspend the license of the same obligor in the event of another
delinquency or failure to comply.
I. G. Upon receipt of a court order to suspend or revoke the
license of an obligor, the licensing board shall comply with the
order by:
1. Determining if the licensing board has issued a license to
the individual whose name appears on the order for support;
2. Notifying the obligor of the suspension or revocation;
3. Demanding surrender of the license, if required;
4. Entering the suspension or revocation of the license on the
appropriate records; and
5. Reporting the suspension or revocation of the license as
appropriate.
J. H. Upon receipt of a court order to not issue or not renew
the license of an obligor, the licensing board shall implement by:
1. Determining if the licensing board has received an
application for issuance or renewal of a license from the individual
whose name appears on the order of support;
2. Notifying the obligor of the nonissuance or nonrenewal; and
3. Entering the nonissuance or nonrenewal of the license as
appropriate.
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K. I. An order, issued by the court, directing the licensing
board to suspend, revoke, not issue or not renew the license of the
obligor shall be processed and implemented by the licensing board
without any additional review or hearing and shall continue until
the court or appellate court advises the licensing board by order
that the suspension, revocation, nonissuance or nonrenewal is
terminated.
L. J. The licensing board has no jurisdiction to modify,
remand, reverse, vacate, or stay the order of the court for the
suspension, revocation, nonissuance or nonrenewal of a license.
M. K. In the event of suspension, revocation, nonissuance or
nonrenewal of a license, any funds paid by the obligor to the
licensing board for costs related to issuance, renewal, or
maintenance of a license shall not be refunded to the obligor.
N. L. A licensing board may charge the obligor a fee to cover
the administrative costs incurred by the licensing board to
administer the provisions of this section. Fees collected pursuant
to this section by a licensing board which has an agency revolving
fund shall be deposited in the agency revolving fund for the use by
the licensing board to pay the costs of administering this section.
Otherwise, the administrative costs shall be deposited in the
General Revenue Fund of the state.
O. M. Each licensing board shall promulgate rules necessary for
the implementation and administration of this section.
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P. N. The licensing board is exempt from liability to the
obligor for activities conducted in compliance with Section 139 et
seq. of this title.
Q. O. The provisions of this section may be used to revoke or
suspend the driving privileges of the custodian of a child who fails
to comply with an order to submit to genetic testing to determine
paternity.
P. A final order entered pursuant to this section may be
appealed to the Supreme Court of Oklahoma pursuant to Section 990A
of Title 12 of the Oklahoma Statutes.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-201.1A of Title 47, unless
there is created a duplication in numbering, reads as follows:
A. 1. Whenever a court or the Department of Human Services
Child Support Office of Administrative Hearings, hereinafter
referred to as "OAH", finds that a person is not in compliance with
an order of child support, the court or the OAH, as applicable,
shall require the person to surrender to it the driver license held
by the person and shall forward to Service Oklahoma an order to
revoke the driving privilege of the person, together with any driver
license surrendered to the court or OAH.
2. Upon receipt of an order from a court or from the OAH, that
a person obligated to pay child support and who owns or operates a
motor vehicle is not in compliance with an order for support,
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Service Oklahoma shall revoke the person's driving privilege. Any
order of the court or the OAH, as applicable, to revoke a person's
driving privilege for noncompliance with an order of support shall
be upon a Notification of Revocation form prescribed by Service
Oklahoma. Service Oklahoma shall prepare and distribute the
Notification form to be used by the courts and the OAH.
3. In addition to Service Oklahoma, the court or the OAH, as
applicable, shall send a copy of the Notification of Revocation to
the person obligated to pay child support by first class, postage
prepaid mail. The Notification shall:
a. include the name, address, date of birth, physical
description and, if known, the driver license number
of the person,
b. provide notification of the requirement of Service
Oklahoma to revoke the driving privilege of the person
required to pay child support,
c. provide notification of the requirement of Service
Oklahoma to not reinstate the person's driving
privilege until:
(1) the court or the OAH issues a release that states
such person is in compliance with the order of
support or until a court or the OAH otherwise
authorizes reinstatement of the person's driving
privilege, and
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(2) the person has paid to Service Oklahoma the fees
required by Section 6-212 of Title 47 of the
Oklahoma Statutes and has met all other statutory
requirements for reinstatement of the person's
driving privilege,
d. specify the reason and statutory grounds for the
revocation and the effective date of the revocation,
e. inform the person that in order to apply for
reinstatement of the person's driving privilege, the
person must obtain a release from the OAH or the
court, as applicable, and
f. inform the person that the person may file a petition
for judicial review of the Notification of Revocation
in district court within thirty (30) days after
receipt of the Notification.
D. Upon receipt of the Notification of Revocation from a court
or the OAH, as applicable, that a person obligated to pay child
support is not in compliance with an order of support, Service
Oklahoma shall, in addition to any other authority to withdraw
driving privileges, revoke the driving privilege of the person named
in the notification provided in subsection C of this section without
hearing.
E. 1. The court or the OAH shall furnish a release to Service
Oklahoma whenever a person, whose driving privilege has been revoked
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pursuant to this section, has established and is complying with a
payment schedule, as determined by the court or the OAH. Upon
receipt of such release, Service Oklahoma shall reinstate the
driving privileges of the person, if the person is otherwise
eligible, pursuant to Section 6-212 of Title 47 of the Oklahoma
Statutes;
2. If the person defaults on the payment schedule, the court or
OAH may resubmit the notice of noncompliance as provided for in this
section. The court or the OAH shall furnish a release to Service
Oklahoma whenever the person is once again complying with the
payment schedule, as determined by the court or the OAH. Upon
receipt of such release, Service Oklahoma shall reinstate the
driving privileges of the person, if the person is otherwise
eligible, pursuant to Section 6-212 of Title 47 of the Oklahoma
Statutes; and
3. A person whose driving privilege has been revoked for
noncompliance due to defaulting on a payment schedule pursuant to
paragraph 2 of this subsection shall be required to meet all
statutory requirements for reinstatement of driving privileges
including, but not limited to, the payment of processing and
reinstatement fees, as provided for in Section 6-212 of Title 47 of
the Oklahoma Statutes.
F. If the court or the OAH, as applicable, is unable to secure
the driver license held by the person found to be in noncompliance
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with an order of support, Service Oklahoma, upon revoking the
driving privilege of the person, shall require that the driver
license held by the person be surrendered to Service Oklahoma. Upon
reinstatement of the person's driving privileges as provided for by
law, the person's valid and lawful driver license shall be returned
to the person by Service Oklahoma if the person is otherwise
eligible.
SECTION 4. This act shall become effective November 1, 2026.
Passed the House of Representatives the 24th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate